Who can file Habeas Corpus?

By Ritesh|Updated : September 1st, 2022

Any prisoner may ask the court or a judge for a writ of habeas corpus, or another person may act on their behalf. The possibility of the detainee being detained is one justification for the writ to be requested by someone else. The Characteristics of the Habeas Corpus Act are the court has the authority to summon the individual being held to appear in court.

Filing Habeas Corpus in High Court

Habeas Corpus translates to "you may have the body of." When a person is being held against their will, you might submit this kind of writ petition.

  • In other words, if the court determines that the individual is being held against their will, it may order their release.
  • Usually, the individual who is being held without a warrant seeks a writ of habeas corpus.
  • One can file and issue a petition for habeas corpus against any governmental authority or a specific person to start the writ procedure.
  • However, in some circumstances, the court might let someone else submit a petition of habeas corpus on behalf of the individual held because they are a friend or relative.

Characteristics of the Habeas Corpus Act

As a result, the writ petition has the following characteristics:

  • The detained person's reasons for being held can be brought up in court and questioned.
  • The court has the authority to summon the individual being held to appear in court.
  • If it is determined that the person's detention is unlawful, it may order the person's release.

Summary:

Who can file Habeas Corpus?

A prisoner is the one who can file Habeas Corpus to the court or a judge, or even someone else may do so on their behalf.

Comments

write a comment

Featured Articles

Follow us for latest updates